A journalist named among the “Ocampo Six” has filed a case seeking the disqualification of the International Criminal Court chief prosecutor from the post-poll chaos case.
According to Mr Joshua arap Sang, prosecutor Luis Moreno-Ocampo is acting out of ulterior motives “that are unrelated to the cause of justice”.
Mr Sang and five prominent Kenyans are suspected of being behind the post-election violence that followed the 2007 General Election. (Read: Ocampo names Kenya chaos suspects)
Others on the list are former police commissioner Hussein Ali, Deputy Prime Minister Uhuru Kenyatta, suspended Cabinet ministers William Ruto and Henry Kosgey and civil service boss Francis Muthaura.
Mr Ocampo’s plan to have them tried at the Hague has met resistance from many in the Kenyan government.
And in the case filed at the ICC, the journalist has accused the prosecutor of being incompetent and not interested in competently investigating the Kenyan situation.
He also says that Mr Ocampo did not give him an opportunity to offer evidence to exonerate himself. “The prosecutor ought to be disqualified from handling the case in the interest of justice,” says Mr Sang.
The journalist and his lawyers sent the case documents to the Hague on February 9 and they were received at the court on February 11.
This is the third case since Mr Ocampo made the names of the six public. The other two, filed by Mr Ruto and Major General Ali, were dismissed.
Mr Sang is also seeking an order to block the issuance of summons or warrants of arrest against him before the issues he is raising have been taken into account.
“Mr Ocampo was to give the suspects notice prior to the public pronouncement, saying that there were grounds to believe someone had committed crimes within the court’s jurisdiction. But he did not do so and this amounts to a breach of the rules of natural justice,” he says.
The journalist further wants the ICC to order that no summons or warrants of arrest may be issued against him until the office of the prosecutor demonstrates that it has investigated exonerating evidence.
He claims some of the reports Mr Ocampo has relied on were preliminary and inconclusive and should therefore not have formed the bases for any reasonable action or decision by the prosecutor.
Mr Sang and his lawyers are awaiting word from the ICC on the case they have filed.